Indictment

[jeff2006]

What is the name of your state? Ohio, Franklin County

In March of this year, I was accused of rape. Detectives came to my house to investigate, I wasnt home. They left a card. I had a lawyer call them and tell them I wouldnt be making any statement as it related to the situation. They said they would investigate, and they would get back with him. They never attempted to contact me or him since then. I spoke to the detective today in regards to an unrelated matter, and he mentioned, in passing, that my charges were in front of a Grand Jury, and they were going to indict me. My questions are as follows:

In a rape case, if their evidence was strong, wouldn't they have came and arrested me?

What other choices does a grand jury have besides returning an indictment?

How long does a grand gury have to return an indictment?

How can I, the accused party, find out if and when this case was presented to the grand jury, and what is going on with it, short of waiting on an indictment to come in the mail?

Any answers in this matter would be greatly appreciated.

Thanks

 

[CdwJava]

In a rape case, if their evidence was strong, wouldn't they have came and arrested me?

If the safety of the victim is not an issue then they would have to wait for an indictment or a filing by the DA so they coul dobtain an arrest warrant.

What other choices does a grand jury have besides returning an indictment?

They can choose NOT to return an indictment.

How long does a grand gury have to return an indictment?

As long as it takes.

Actually, I am not sure about Ohio. I imagine that once they have heard all the testimony the DA will present they will return an indictment pretty quickly.

How can I, the accused party, find out if and when this case was presented to the grand jury, and what is going on with it, short of waiting on an indictment to come in the mail?

You probably can't. Most Grand Jury proceedings are secret.

If you have an attorney, why aren't you asking him or her these questions?

- Carl

 

[jeff2006]

Honestly Carl, the case was such BS, I didnt want to pay a retainer. I dont know when the alleged incident was supposed to have taken place, but I know the detective came to my home on March 23. I kind of figured he would have tried to conntact me again, because I never personally spoke with him, just had the attorney call him. I wasnt even going to officially hire an attorney unless I was formally charged. The attorney that I directed the police to was a guy I've used in the past on some other (much less serious) cases, and even he called me just a week or so ago, and asked me if I had heard anything else from them, because he never heard back from the detective since their first conversation, which couldnt have been mych later than March 27 or so. But, with the possibility of an indictment coming, Im sure he'd just see $$ signs, and I wanted to get some impartial opinions first, because I wasnt absolutely sure how a grand jury works. I guess my question is: If the case is taken to a grand jury, are their only choices: (A) to indict, or (B) not to indict? If they dont indict, does that mean the case is done with? I was once arrested on a CCW case where I got a "future indictment". What exactly did that mean? I know they didnt indict me on it until a year or so later, but how is that decided. I guess I just need a tutorial on grand juries. Thanks for your response, and if you could shed a little more light on the whole process, Id appreciate it, because any attorney I go talk to here will have the ulterior motive to go after that payday.

Thanks again

 

[CdwJava]

I kind of figured he would have tried to conntact me again, because I never personally spoke with him, just had the attorney call him.

Once an attorney says he represents you they cannot generally approach you anymore. YOU can contact them and waive your right to counsel, but they aren't going to try to talk to you once an attorney has told them they need to talk to him.

And the police have no reason to talk to the attorney because he's not a witness and he sure as heck is not going to tell them anything useful.

I guess my question is: If the case is taken to a grand jury, are their only choices: (A) to indict, or (B) not to indict?

They can return an indictment, or they may choose not to do so. That's about it.

If they dont indict, does that mean the case is done with?

Not necessarily. The DA might choose to come back when he has new evidence.

I was once arrested on a CCW case where I got a "future indictment". What exactly did that mean?

I don't know. It may be a term common to Ohio and not elsewhere.

I know they didnt indict me on it until a year or so later, but how is that decided. I guess I just need a tutorial on grand juries.

the statute of limitations for most felonies is going to be at least three years. And for rape it is likely to be much, much longer.

because any attorney I go talk to here will have the ulterior motive to go after that payday.

Not necessarily. But, you might have to put up a retainer.

If you google the term "Grand Jury" and your state - and even your county, you may get a number of hits that explain your state's practices a lot better than I could. There is also at least one Ohio attorney (I think she is, anyway) that follows these boards on occasion. Perhaps she will wander through and offer up some assistance.

- Carl

 

[gawm]

It is rare for a grand jury not to indict, that's why prosecutors use them so much. They usually only hear one side (the states) and that's why there is a saying " a ham sandwich can be indicted."